OSHA Compliance
Medical Evaluation Questionnaire
OSHA requires a Medical Evaluation Questionnaire be administered for any employee that is required to wear a respirator while working. “According to OSHA’s Respiratory Protection Standards (29 CFR 1910.34), before an employee can be fit-tested or required to use a respirator, they must undergo a Medical Evaluation to ensure they can safely use it without risking their health.
This evaluation takes into account the employee’s health status, job description and type of respirator to be used.” This questionnaire should be administered within normal working hours and/or at a time and place convenient for the employee.
Question: Does OSHA require the medical questionnaire to be filled out on a yearly basis or may it just be amended as job or health conditions warrant?
Answer: The respiratory protection standard requires an initial medical evaluation to determine the employee’s ability to use a respirator before the employee is fit tested or required to use the respirator in the workplace. At a minimum the employer must provide additional evaluations if an employee shows signs or symptoms that are related to their ability to wear a respirator. There is not a specific annual requirement for medical evaluations in the standard. However, the physician or other licensed healthcareprovider (PLHCP) may prescribe annual tests to ensure employees’ continued ability to wear a respirator.
On-Site Respirator Fit Testing
Before an employee may be required to use any respirator with a negative or positive pressure tight-fitting facepiece, the employee must be fit tested with the same make, model, style, and size of respirator that will be used.
The employer shall conduct an additional fit test whenever the employee reports, or the employer, PLHCP, supervisor, or program administrator makes visual observations of, changes in the employee’s physical condition that could affect respirator fit. Such conditions include, but are not limited to, facial scarring, dental changes, cosmetic surgery, or an obvious change in body weight.
Respiratory Protection Program
OSHA requires the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use. The program must be administered by a suitably trained program administrator.
In addition, certain program elements may be required for voluntary use to prevent potential hazards associated with the use of the respirator. The Small Entity Compliance Guide contains criteria for the selection of a program administrator and a sample program that meets the requirements of this paragraph
Typical OSHA Fines
Violations related to respiratory protection are consistently among the most frequently cited by OSHA. OSHA related fines for lack of respirator compliance can range from thousands to hundreds of thousands of dollars, depending on the severity of the violation and an employer’s history.
Violation types and penalties The penalty structure for a lack of respirator compliance depends on the type of violation:
- Serious: Up to $16,550 per violation, issued when an employer knows or should know about a hazard that can cause serious injury or death but fails to correct it.
- Willful or Repeated: Up to $165,514 per violation, for intentional violations or for repeat offenses of a similar nature.
- Other-than-serious: Up to $16,550 per violation, for infractions that have a direct impact on safety but are not likely to cause death or serious injury.
- Failure to Abate: Up to $16,550 per day past the abatement date, for failing to correct a violation by the specified deadline.